Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section. shall be punished with imprisonment for life. or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
IPC Section 438: Simplified Explanation
IPC Section 438 addresses the offence of mischief committed by using fire or explosive substances to destroy or render unsafe a decked vessel or a vessel of at least twenty tons burden. This section specifically targets acts of arson or explosions aimed at maritime vessels, recognizing the significant potential for extensive damage, loss of property, and endangerment of human lives due to such acts.
Is IPC Section 438 bailable?
IPC Section 438 is non-bailable. The serious nature of the offence, involving the use of fire or explosives with the intent to cause significant damage or endanger safety, requires strict judicial scrutiny before considering bail.
IPC Section 438 Punishment
The punishment under IPC Section 438 involves imprisonment for life or imprisonment of either description for a term that may extend to ten years and also includes a liability to a fine. The severe penalty reflects the high risk and potential for catastrophic consequences associated with arson or explosions targeting significant maritime vessels.
Example of IPC Section 438
A real-life example of IPC Section 438 involved an individual who, during a conflict with a maritime shipping company, planted an explosive device on a large commercial vessel docked at the port. The intent was to destroy the vessel and disrupt the company’s operations. During a routine inspection, the ship’s crew discovered the device, and authorities were alerted. The individual was apprehended and charged under IPC Section 438 for attempting to destroy the vessel with an explosive substance. In court, the individual was found guilty and sentenced to life imprisonment and fined, underscoring the serious legal consequences of using fire or explosives to target maritime vessels and the importance of deterring such dangerous offences.
